The Supreme Court on Friday stayed the promotion of 68 Gujarat lower judicial officers, including Surat Chief Judicial Magistrate Harish Hasmukhbhai Varma who had convicted Congress leader Rahul Gandhi in a defamation case. A bench comprising Justices M R Shah and C T Ravikumar said the promotion of the judicial officers was in violation of the Gujarat State Judicial Service Rules 2005, amended in 2011, which states that promotions must be made on principle of merit-cum-seniority and on passing a suitability test.
"We are more than satisfied that the impugned list issued by the high court and the subsequent order issued by the state government granting promotion to district judges are illegal and contrary to the decision of this court.The same are, therefore, not sustainable," the bench said.
"We stay the implementation of the promotion list. Respective promotees are sent to their original post which they were holding prior to their promotion," it said.